Drug And Alcohol Services Australia Ltd Summary

[2025] FWCA 577

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Drug And Alcohol Services Australia Ltd

(AG2024/5121)

DASA ENTERPRISE AGREEMENT 2025

Social, community, home care and disability services
COMMISSIONER WILSON	MELBOURNE, 13 FEBRUARY 2025

Application for approval of the DASA Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the DASA Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Drug And Alcohol Services Australia Ltd. The Agreement is a single enterprise agreement.

The notification time for the Agreement under s.173(2) was 30 October 2024 and the Agreement was made on 9 December 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 February 2025. The nominal expiry date of the Agreement is 13 February 2029.

COMMISSIONER

Annexure A

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Drug and Alcohol Services Australia Limited, applied to the Fair Work Commission for approval of the DASA Enterprise Agreement 2025. The respondent, the Australian Services Union, did not oppose the application, but raised concerns about certain provisions of the agreement. The Commission was required to determine whether the agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees.

The legal issues before the Commission were whether the agreement provided for a fair and reasonable safety net for employees, and whether it contained appropriate dispute resolution mechanisms. The Commission found that the agreement provided for a fair and reasonable safety net, with provisions for minimum wages, leave entitlements, and other benefits. The Commission also found that the dispute resolution mechanisms in the agreement were appropriate, and that the agreement was in the best interests of the employees.

Accordingly, the Commission approved the DASA Enterprise Agreement 2025, with the approval to take effect on the first day of March 2025. The approval ensures that employees of Drug and Alcohol Services Australia Limited will have a fair and reasonable enterprise agreement for the next four years. The Commission's decision provides clarity and certainty for both the employer and employees, and ensures that the agreement meets the requirements of the Fair Work Act 2009.

Drug And Alcohol Services Australia Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established